Case: Moallin v. Cangemi

0:05-cv-01826 | U.S. District Court for the District of Minnesota

Filed Date: Aug. 15, 2005

Closed Date: 2006

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Case Summary

On August 15, 2005, a Somali refugee who was detained by the Bureau of Immigration and Customs Enforcement (ICE) pending removal filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241 in the U.S. District Court for the District of Minnesota. Because Petitioner received several criminal convictions, the ICE sought to revoke his lawful permanent resident status and deport him pursuant to the Immigration and Nationality Act, 8 U.S.C. § 1227(a)(2)(A)(ii)-(iii). Petitioner claimed …

Petitioner claimed that his detention in custody was unlawful under Zadvydas v. Davis, 533 U.S. 678, (2001). Specifically, Petitoner asserted that his custody had exceeded 6 months and that it was unlikely that he would be deported to Somalia in light of the lack of a functioning government there. He argued that the government had to either deport him to Somalia, or release him from custody.

On April 21, 2006, the District Court (Judge Michael J. Rosenbaum) adopted the Magistrate's Report and Recommendation and ordered that Petitioner be released from custody on grounds that there was no significant likelihood that his removal could be accomplished in near future. The ICE was to be made aware of his whereabouts pending further removal proceedings. Moallin v. Cangemi, 427 F. Supp. 2d. 908 (D. Minn. 2006).

We have no further information on this case.

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Summary Authors

Stephen Imm (8/23/2007)

People

Judge(s)

Nelson, Susan Richard (Minnesota)

Rosenbaum, James Michael (Minnesota)

Attorney for Plaintiff

Menendez, Katherine (Minnesota)

Attorney for Defendant

Humes, Joan D. (Minnesota)

Millenacker, Robyn A (Minnesota)

Judge(s)

Nelson, Susan Richard (Minnesota)

Rosenbaum, James Michael (Minnesota)

Attorney for Plaintiff

Menendez, Katherine (Minnesota)

Attorney for Defendant

Humes, Joan D. (Minnesota)

Millenacker, Robyn A (Minnesota)

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Documents in the Clearinghouse

	Document
0:05-cv-01826	Docket	April 21, 2006	April 21, 2006 Docket
14 0:05-cv-01826	Opinion	April 12, 2006	April 12, 2006 Order/Opinion 427 F.Supp.2d 427

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Docket

Last updated March 25, 2024, 3:01 a.m.

ECF Number	Description	Date	Link Date / Link
1	PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number 436830.) assigned to Judge James M. Rosenbaum per Habeas referred to Magistrate Judge Susan R. Nelson 4:05ad655, filed by Abdirahman Moallin. (Attachments: # 1 Civil Cover Sheet)(VEM) (Entered: 08/15/2005)	Aug. 15, 2005	Aug. 15, 2005
2	ORDER directing Respondent to show cause why writ should not be granted. Signed by Magistrate Judge Susan R Nelson on 8/17/05. (VEM) (Entered: 08/19/2005)	Aug. 17, 2005	Aug. 17, 2005
3	MOTION to Appoint Counsel by Abdirahman Moallin. (Attachments: # 1 Certificate of Service)(Menendez, Katherine) (Entered: 08/25/2005)	Aug. 25, 2005	Aug. 25, 2005
4	ORDER granting 3 Motion to Appoint Counsel. Signed by Magistrate Judge Susan R Nelson on 8/29/05. (VEM) (Entered: 08/29/2005)	Aug. 29, 2005	Aug. 29, 2005
5	RESPONSE TO ORDER TO SHOW CAUSE by Mark Cangemi, Bureau of Customs and Immigration Enforcement, Mark Cangemi, Bureau of Customs and Immigration Enforcement. (Humes, Joan) (Entered: 09/16/2005)	Sept. 16, 2005	Sept. 16, 2005
6	ADMINISTRATIVE RECORD. (Attachments: # 1 part 2# 2 part 3)(Humes, Joan) (Entered: 09/16/2005)	Sept. 16, 2005	Sept. 16, 2005
7	CERTIFICATE OF SERVICE by Mark Cangemi, Bureau of Customs and Immigration Enforcement re 5 Response to Order to Show Cause, 6 Administrative record (Humes, Joan) (Entered: 09/16/2005)	Sept. 16, 2005	Sept. 16, 2005
8	MEMORANDUM by Abdirahman Moallin In Response to Government's Return filed by Abdirahman Moallin. (Attachments: # 1 Exhibit Exhibit A# 2 Exhibit Exhibit B# 3 Certificate of Service)(Menendez, Katherine) (Entered: 09/21/2005)	Sept. 21, 2005	Sept. 21, 2005
9	REPORT AND RECOMMENDATION that 1 Petition for Writ of Habeas Corpus, filed by Abdirahman Moallin be GRANTED; and that Petitioner be released subject to such terms and conditions as Respondents deem necessary to ensure that Respondents will be kept apprised of Petitioner's whereabouts pending his removal. Objections to R&R due by 2/3/2006. Signed by Magistrate Judge Susan R Nelson on 1/17/06. (JLB) (Entered: 01/17/2006)	Jan. 17, 2006	Jan. 17, 2006
12	DECLARATION by Mark Cangemi, Bureau of Customs and Immigration Enforcement. (Attachments: # 1 Exhibit A# 2 Certificate of Service)(Millenacker, Robyn) (Entered: 02/03/2006)	Feb. 3, 2006	Feb. 3, 2006
10	NOTICE OF ATTORNEY APPEARANCE/SUBSTITUTION for Mark Cangemi, Bureau of Customs and Immigration Enforcement (Attachments: # 1 Certificate of Service)(Millenacker, Robyn) (Entered: 02/03/2006)	Feb. 3, 2006	Feb. 3, 2006
11	OBJECTION to 9 Report and Recommendations. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Millenacker, Robyn) (Entered: 02/03/2006)	Feb. 3, 2006	Feb. 3, 2006
13	OBJECTION to 9 Report and Recommendations Response to Goverment's Objections to . (Attachments: # 1 Certificate of Service)(Menendez, Katherine) Modified text on 3/10/2006 (jam). (Entered: 03/09/2006)	March 9, 2006	March 9, 2006
14	ORDER Adopting 9 Report and Recommendation. Signed by Judge James M Rosenbaum on 4/12/06. (jjn) (Entered: 04/13/2006)	April 13, 2006	April 13, 2006 Clearinghouse
15	JUDGMENT (Attachments: # 1 Civil Notice - appeal)(VEM) (Entered: 04/14/2006)	April 14, 2006	April 14, 2006
16	AMENDED ORDER adopting 9 Report and Recommendation, and granting 1 petition for writ of habeas corpus. Signed by Judge James M Rosenbaum on 4/18/06. (jjn) (Entered: 04/18/2006)	April 18, 2006	April 18, 2006
17	AMENDED JUDGMENT (Attachments: # 1 Civil Notice - appeal)(jam) (Entered: 04/19/2006)	April 19, 2006	April 19, 2006
18	RESPONSE re 17 Judgment filed by Mark Cangemi, Bureau of Customs and Immigration Enforcement. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Millenacker, Robyn) (Entered: 04/20/2006)	April 20, 2006	April 20, 2006
19	Declaration of Robyn A. Millenacker in Support of 18 Response filed by Mark Cangemi, Bureau of Customs and Immigration Enforcement. (Attachments: # 1 Exhibit(s) A)(Millenacker, Robyn) (Entered: 04/20/2006)	April 20, 2006	April 20, 2006
20	CERTIFICATE OF SERVICE by Mark Cangemi, Bureau of Customs and Immigration Enforcement re 18 Response, 19 Declaration in Support (Millenacker, Robyn) (Entered: 04/20/2006)	April 20, 2006	April 20, 2006
21	ORDER that Respondent is to immediately release from custody, or as soon thereafter as practical, but in no event later than the close of business on Monday, 4/24/2006, petitioner Abdirahman Moallin. Signed by Chief Judge James M Rosenbaum on 4/21/2006. (HLL) . (Entered: 04/21/2006)	April 21, 2006	April 21, 2006